FOIA Requests and Other Background Checks
Updated 2nd Edition
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Overview
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FOIA Requests and Other Background Checks: A Practical Guide to
Filing Records Requests in Immigration Cases provides practitioners
with a one-stop guide for information about why, when, where, and how
to file background checks in immigration cases. This guide describes
the various federal agencies and components that generally hold
immigration records, explains how to request records and appeal
denials or incomplete responses, and provides tips for certain
circumstances, such as representing minors or immigrants in removal
proceedings.
New in this Edition
The importance of filing records requests and descriptions of the
main types of records requests; The various criminal background
checks available, including FBI background checks, state background
checks, and court-specific records requests; The overlapping criminal
and law enforcement databases, what documents they contain, and who
can access them; How to file a FOIA request with DHS (specifically
with USCIS, ICE, CBP, and OBIM), including a step-by-step guide on
how to fill out Form G-639, the online DHS request form, and various
component-specific request forms; How to file a FOIA request in
immigration cases with the Department of State, the Department of
Justice, and the U.S. Armed Forces; Special considerations when
filing records requests for immigrant youth, including guidance on
how to request the Office of Refugee Resettlement file when immigrant
youth have been classified as “unaccompanied”; juvenile
delinquency records, keeping in mind any state confidentiality
provisions that apply; and information about whether a client’s
name has been added to a gang database; FOIA considerations for
immigrants in removal proceedings, including information and guidance
on how to accelerate USCIS FOIA requests, how to request personal
review of immigration court files, how to make records requests
pursuant to Dent v. Holder in the Ninth Circuit, and other due
process arguments and subpoena options that might be available to
help immigrants in removal proceedings access records; The FOIA
appeal process, including how to challenge an agency’s response to
a FOIA request and what types of adverse actions can be appealed;
Common FOIA exemptions and practice tips on challenging those
exemptions; and Guidance on how to use FOIA as an advocacy tool to
obtain information about immigration practice and enforcement from
the government.
Pricing
Regular - Book or PDF: $190 / Book & PDF: $230
Nonprofit - Book or PDF: $135 / Book & PDF: $175
You can access the Table of Contents and Sample Chapter in the Sample
Content tab.
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